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Azur v. Chase Bank, USA

601 F.3d 212 (3d Cir. 2010)

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Azur v. Chase Bank, USA

United States Court of Appeals for the Third Circuit

601 F.3d 212 (3d Cir. 2010)

Facts

Michele Vanek worked as a personal assistant to Francis Azur (plaintiff). Azur allowed Vanek access to Azur’s credit card with Chase Bank, USA (Chase) (defendant) to make purchases at Azur’s request, and Vanek was responsible for reviewing Azur’s credit-card and bank statements. Over the course of seven years, Vanek misappropriated more than $1,000,000 from Azur by withdrawing numerous small, unauthorized cash advances from Azur’s Chase credit card and then paying for the advances from Azur’s checking account. Chase detected three of these transactions as potentially fraudulent and left automated messages on the answering machine of the account’s home-telephone number. On two of these occasions, Chase received a return telephone call from a woman who verified the account activity. When Azur discovered Vanek’s fraud, Azur sued Chase, alleging negligence and violations of the Truth in Lending Act (TILA), 15 U.S.C. §§ 1643 and 1666, and seeking reimbursement for the money that Vanek paid to Chase. The district court granted summary judgment in favor of Chase and dismissed Azur’s complaint. Azur appealed.

Rule of Law

Issue

Holding and Reasoning (Fisher, J.)

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